Wood Mouldings and Millwork Products From the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 76452-76454 [2024-21225]
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76452
Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise processed in
a third country, including by performing any
grinding or any other finishing, packaging, or
processing that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the ferrosilicon.
Ferrosilicon is currently classifiable under
subheadings 7202.21.1000, 7202.21.5000,
7202.21.7500, 7202.21.9000, 7202.29.0010,
and 7202.29.0050 of the Harmonized Tariff
Schedule of the United States (HTSUS).
While the HTSUS numbers are provided for
convenience and customs purposes, the
written description of the scope remains
dispositive.
[FR Doc. 2024–21175 Filed 9–17–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–117]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Final Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Fujian Jinquan Trade Co., Ltd./Baiyuan
Wood Machining Co., Ltd. (Jinquan/
Baiyuan) and 22 non-individually
examined exporters of wood mouldings
and millworks products (WMMP) from
the People’s Republic of China (China)
sold subject merchandise to the United
States at prices below normal value
(NV) during the period of review (POR),
February 01, 2022, through January 31,
2023. Commerce also determines that
Fujian Yinfeng Imp & Exp Trading Co.,
Ltd./Fujian Province Youxi City
Mangrove Wood Machining Co., Ltd.
(Yinfeng/Mangrove) did not sell subject
merchandise to the United States at
prices below NV during the POR.
Additionally, we are rescinding this
review with respect to 12 companies
that had no reviewable entries of subject
merchandise during the POR.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Hannah Lee, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766 or (202) 482–1216,
respectively.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
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Background
On March 8, 2024, Commerce
published the Preliminary Results.1 On
June 22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.2 The
deadline for these preliminary results is
now September 11, 2024. For events
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.3
Scope of the Order 4
The merchandise covered by the
Order is wood mouldings and millwork
products. A full description of the scope
of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
Appendix I to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of
the comments received from the
interested parties, we made one change
to the Preliminary Results margin
calculation for Jinquan/Baiyuan 5 which
resulted in no change to its preliminary
1 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Preliminary
Results, Intent To Rescind, in Part, and Rescission
in Part, of Antidumping Duty Administrative
Review; 2022–2023, 89 FR 16726 (March 8, 2024)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Antidumping Duty
Administrative Review Wood Mouldings and
Millwork Products from the People’s Republic of
China; 2022–2023,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Amended
Final Antidumping Duty Determination and
Antidumping Duty Order, 86 FR 9486 (February 16,
2021) (Order).
5 See Memorandum, ‘‘Final Results Margin
Calculation for Jinquan/Baiyuan,’’ dated
concurrently with this notice (Jinquan/Baiyuan’s
Final Calculation Memorandum).
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margin or to the margin assigned to the
separate rate companies.
Partial Rescission
In the Preliminary Results, we stated
that we intended to rescind this review
with respect to 12 companies 6 for
which Customs and Border Protection
(CBP) data show no entries of the
subject merchandise from these
companies during the POR.7 No party
filed comments with respect to this
preliminary finding and we received no
information to contradict it. Therefore,
we are rescinding this administrative
review with respect to these companies.
Rate for Non-Examined Separate Rate
Respondents
The statute and our regulations do not
address the establishment of a rate to be
assigned to respondents not selected for
individual examination when we limit
our examination of companies subject to
the administrative review pursuant to
section 777A(c)(2)(B) of the Tariff Act of
1930, as amended (the Act). Generally,
we look to section 735(c)(5) of the Act,
which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for respondents not
individually examined in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ Accordingly,
Commerce’s usual practice in
determining the rate for separate-rate
respondents not selected for individual
examination, has been to average the
weighted-average dumping margins of
the selected companies, excluding rates
that are zero, de minimis, or based
entirely on facts available.8 Because in
these final results of this review we
calculated a dumping margin of zero for
Yinfeng/Mangrove, and a dumping
margin that is not zero, de minimis, or
based entirely on facts available for
Jinquan/Baiyuan, we assigned the
separate-rate recipients a dumping
margin equal to Jinquan/Baiyuan’s final
dumping margin consistent with
Commerce’s practice and section
735(c)(5)(B) of the Act.9
6 See
Appendix III for a list of these companies.
Preliminary Results, 89 FR at 16726.
8 See section 735(c)(5)(A) of the Act.
9 See Longkou Haimeng Mach. Co. v. United
States, 581 F. Supp. 2d 1344, 1357–60 (CIT 2008)
(affirming Commerce’s determination to assign a
4.22 percent dumping margin to the separate-rate
7 See
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices
The China-Wide Entity
khammond on DSKJM1Z7X2PROD with NOTICES
In the Preliminary Results, Commerce
found that four companies 10 did not
establish eligibility for a separate rate
because they did not file a timely
separate rate application or a separate
rate certification, as appropriate.11 No
party filed comments with respect to
this preliminary finding and we
received no information to contradict it.
Therefore, for these final results, we
determine these four companies to be
part of the China-wide entity and
assigned them the dumping margin for
the China-wide entity. Because no party
requested a review of the China-wide
entity, and Commerce no longer
considers the China-wide entity as an
exporter conditionally subject to
administrative reviews,12 we did not
conduct a review of the China-wide
entity. Thus, the dumping margin for
the China-wide entity, as adjusted for
export subsidies (i.e., 220.87 percent),13
is not subject to change as a result of
this review.
Weightedaverage
dumping
margin
(percent)
Exporters
Non-Selected Companies
Under Review Receiving a
Separate Rate 14 ...............
4.25
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with these final results of
review. Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of these final results. If a
Final Results of Review
timely summons is filed at the U.S.
Court of International Trade, the
Commerce determines that the
assessment instructions will direct CBP
following estimated weighted-average
not to liquidate relevant entries until the
dumping margins exist for the period
time for parties to file a request for a
February 1, 2022, through January 31,
statutory injunction has expired (i.e.,
2023:
within 90 days of publication).
Because Jinquan/Baiyuan’s ad
Weightedvalorem weighted-average final
average
dumping margin is not zero or de
Exporters
dumping
margin
minimis (i.e., less than 0.50 percent), we
(percent)
have calculated importer-specific
assessment rates for this respondent, in
Fujian Jinquan Trade Co.,
accordance with 19 CFR 351.212(b)(1).15
Ltd./Baiyuan Wood MaFor sales for which Jinquan/Baiyuan
chining Co., Ltd .................
4.25
reported entered value, we have
Yinfeng Imp & Exp Trading
calculated importer-specific ad valorem
Co., Ltd./Fujian Province
assessment rates based on the ratio of
Youxi City Mangrove
Wood Machining Co., Ltd
0.00 the total amount of dumping calculated
for each importer’s examined sales to
the total entered value of those sales, in
respondents in a segment where the three
mandatory respondents received dumping margins
accordance with 19 CFR 351.212(b)(1).
of 4.22 percent, 0.03 percent, and zero percent,
For sales for which Jinquan/Baiyuan did
respectively); see also Certain Kitchen Appliance
not report entered value, we have
Shelving and Racks from the People’s Republic of
calculated importer-specific per-unit
China: Final Determination of Sales at Less Than
Fair Value, 74 FR 36656, 36660 (July 24, 2009).
duty assessment rates based on the ratio
10 These companies are: (1) Aventra, Inc.
of the total amount of antidumping
(Aventra); (2) China Cornici, Co. Ltd. (China
duties calculated for the examined sales
Cornici); (3) Gaomi Hongtai Home Furniture Co.,
to the total quantity of those sales. To
Ltd. (Gaomi Hongtai); and (4) and Shuyang
determine whether an importer-specific,
Zhongding Decoration Materials Co., Ltd. (Shuyang
Zhongding).
per-unit assessment rate is de minimis,
11 See Preliminary Results PDM at 13.
in accordance with 19 CFR
12 See Antidumping Proceedings: Announcement
351.106(c)(2), we also calculated an
of Change in Department Practice for Respondent
importer-specific ad valorem ratio based
Selection in Antidumping Duty Proceedings and
on estimated entered values.
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
13 See Order, 86 FR at 9488. The weighted-average
dumping margin for the China-wide entity (231.60
percent) was adjusted for export subsidies to
determine the cash deposit rate (220.87 percent) for
companies in the China-wide entity.
14 See Appendix II.
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15 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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76453
For Yinfeng/Mangrove, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.16 For entries that were not
reported in the U.S. sales databases
submitted by Yinfeng/Mangrove and
Jinquan/Baiyuan during this review,
Commerce will instruct CBP to liquidate
such entries at the China-wide rate (i.e.,
220.87 percent).
For the companies identified as part
of the China-wide entity (i.e., Aventra,
China Cornici, Gaomi Hongtai and
Shuyang Zhongding), we will instruct
CBP to apply the China-wide rate (i.e.,
220.87 percent) to all entries of subject
merchandise during the POR which
were exported by these companies.
For the 12 companies listed in
Appendix III, for which the
administrative review is rescinded,
antidumping duties shall be assessed at
a rate equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) for Yinfeng/
Mangrove, the cash deposit rate will be
zero; (2) for Jinquan/Baiyuan and the
other companies which were found
eligible for a separate rate, the cash
deposit rate will be 4.25 percent; (3) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that have separate rates, the
cash deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding in which they were
reviewed; (4) for all Chinese exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be equal to the
weighted-average dumping margin for
the China-wide entity (i.e., 220.87
percent); and (5) for all non-Chinese
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter. These per-unit cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
16 See
E:\FR\FM\18SEN1.SGM
19 CFR 351.106(c)(2).
18SEN1
76454
Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties has occurred and
the subsequent assessment of double
antidumping duties, and/or increase in
the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(2).
Dated: September 11, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
General
Comment 1: Whether to Apply Adverse
Facts Available to Yinfeng/Mangrove
and Jinquan/Baiyuan
Comment 2: Labor Surrogate Value
Selection
Comment 3: Selection of Surrogate
Producers
Comment 4: Market Economy Purchases
Jinquan/Baiyuan
Comment 5: Jinquan/Baiyuan’s Electricity
Offset
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17:11 Sep 17, 2024
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Comment 6: Freight Revenue Cap
Comment 7: Exclusion of Certain U.S.
Sales With Entry Dates After the POR
Comment 8: Valuation of Wood Powder
Comment 9: Valuation of Radiata Pine Log
Separate Rate Companies
Comment 10: Liquidation Instructions for
CTIL
Appendix II
Non-Selected Companies Under Review
Receiving a Separate Rate
1. Anji Huaxin Bamboo & Wood Products
Co., Ltd.
2. Composite Technology International,
Limited
3. Fujian Hongjia Craft Products Co., Ltd.
4. Fujian Sanming City Donglai Wood Co.,
Ltd.
5. Fujian Wangbin Decorative Material Co.,
Ltd.
6. Fujian Youxi Best Arts & Crafts Co. Ltd.
7. Huaan Longda Wood Industry Co., Ltd.
8. Jiangsu Wenfeng Wood Co., Ltd.
9. Longquan Jiefeng Trade Co., Ltd.
10. Nanping Huatai Wood & Bamboo Co.,
Ltd.
11. Nicer Window Fashions Co., Ltd.
12. Putian Yihong Wood Industry Co., Ltd.
13. Qimen Jianxing Bamboo and Wood Goods
Co., Ltd.
14. Rui Xing Wooden Products Co., Ltd.
15. Shandong Miting Household Co., Ltd.
16. Shaxian Hengtong Wood Industry Co.,
Ltd.
17. Shaxian Shiyiwood, Ltd.
18. Shuyang Kevin International Co., Ltd.
19. Sun Valley Shade Co., Ltd.
20. Suqian Sulu Import & Export Trading Co.,
Ltd.
21. Zhangzhou Wangjiamei Industry & Trade
Co., Ltd.
22. Zhangzhou Yihong Industrial Co., Ltd.
Appendix III
Companies for Which the Review Is
Rescinded
1. Jiangsu Chen Sheng Forestry Development
Co., Ltd.
2. Omni One Co., Ltd.
3. Raoping HongRong Handicrafts Co., Ltd.
4. Baixing Import and Export Trading Co.,
Ltd Youxi Fujian
5. Bel Trade Wood Industrial Co., Ltd. Youxi
Fujian
6. Fotiou Frames Limited
7. Fujian Zhangping Kimura Forestry
Products Co., Ltd.
8. Homebuild Industries Co., Ltd.
9. Jim Fine Wooden Products Co., Ltd.
10. Shenzhen Xinjintai Industrial Co., Ltd.
11. Tim Feng Manufacturing Co., Ltd.
12. Wuxi Boda Bamboo & Wood Industrial
Co., Ltd.
[FR Doc. 2024–21225 Filed 9–17–24; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–821–839]
Ferrosilicon From the Russian
Federation: Final Affirmative
Countervailing Duty Determination and
Final Affirmative Determination of
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
ferrosilicon from the Russian Federation
(Russia). The period of investigation
(POI) is January 1, 2023, through
December 31, 2023.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 28, 2024, Commerce
published its Preliminary Determination
in the Federal Register and invited
interested parties to comment.1
Subsequently, on August 28, 2024,
Commerce published its Preliminary
Critical Circumstances Determination in
the Federal Register and invited
interested parties to comment.2 On July
22, 2024, Commerce tolled certain
deadlines in these administrative
proceedings by seven days.3 The
deadline for the final determination is
now September 11, 2024. For a
complete discussion of the events that
followed the Preliminary Determination,
see the Issues and Decision
Memorandum.4
1 See Ferrosilicon from the Russian Federation:
Preliminary Affirmative Countervailing Duty
Determination, 89 FR 53949 (June 28, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See also Ferrosilicon from the Russian
Federation: Preliminary Affirmative Critical
Circumstances Determinations, 89 FR 68860
(August 28, 2024) (Preliminary Critical
Circumstances Determination).
3 See Memorandum, ‘‘Tolling of Deadlines in
Antidumping and Countervailing Duty
Proceeding,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the
Countervailing Duty Investigation of Ferrosilicon
from the Russian Federation,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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]]>Agencies
[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76452-76454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21225]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-117]
Wood Mouldings and Millwork Products From the People's Republic
of China: Final Results and Partial Rescission of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining Co., Ltd.
(Jinquan/Baiyuan) and 22 non-individually examined exporters of wood
mouldings and millworks products (WMMP) from the People's Republic of
China (China) sold subject merchandise to the United States at prices
below normal value (NV) during the period of review (POR), February 01,
2022, through January 31, 2023. Commerce also determines that Fujian
Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province Youxi City Mangrove
Wood Machining Co., Ltd. (Yinfeng/Mangrove) did not sell subject
merchandise to the United States at prices below NV during the POR.
Additionally, we are rescinding this review with respect to 12
companies that had no reviewable entries of subject merchandise during
the POR.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Hannah Lee, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-1216,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2024, Commerce published the Preliminary Results.\1\ On
June 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ The deadline for these preliminary results
is now September 11, 2024. For events subsequent to the Preliminary
Results, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Preliminary Results, Intent To Rescind, in Part,
and Rescission in Part, of Antidumping Duty Administrative Review;
2022-2023, 89 FR 16726 (March 8, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Antidumping Duty Administrative Review Wood Mouldings and
Millwork Products from the People's Republic of China; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Amended Final Antidumping Duty Determination and
Antidumping Duty Order, 86 FR 9486 (February 16, 2021) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is wood mouldings and millwork
products. A full description of the scope of the Order is contained in
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in Appendix I to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from the
interested parties, we made one change to the Preliminary Results
margin calculation for Jinquan/Baiyuan \5\ which resulted in no change
to its preliminary margin or to the margin assigned to the separate
rate companies.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Final Results Margin Calculation for
Jinquan/Baiyuan,'' dated concurrently with this notice (Jinquan/
Baiyuan's Final Calculation Memorandum).
---------------------------------------------------------------------------
Partial Rescission
In the Preliminary Results, we stated that we intended to rescind
this review with respect to 12 companies \6\ for which Customs and
Border Protection (CBP) data show no entries of the subject merchandise
from these companies during the POR.\7\ No party filed comments with
respect to this preliminary finding and we received no information to
contradict it. Therefore, we are rescinding this administrative review
with respect to these companies.
---------------------------------------------------------------------------
\6\ See Appendix III for a list of these companies.
\7\ See Preliminary Results, 89 FR at 16726.
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Tariff
Act of 1930, as amended (the Act). Generally, we look to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for respondents not individually examined in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``an amount equal to the weighted average of the estimated
weighted average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .'' Accordingly, Commerce's usual practice in
determining the rate for separate-rate respondents not selected for
individual examination, has been to average the weighted-average
dumping margins of the selected companies, excluding rates that are
zero, de minimis, or based entirely on facts available.\8\ Because in
these final results of this review we calculated a dumping margin of
zero for Yinfeng/Mangrove, and a dumping margin that is not zero, de
minimis, or based entirely on facts available for Jinquan/Baiyuan, we
assigned the separate-rate recipients a dumping margin equal to
Jinquan/Baiyuan's final dumping margin consistent with Commerce's
practice and section 735(c)(5)(B) of the Act.\9\
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\8\ See section 735(c)(5)(A) of the Act.
\9\ See Longkou Haimeng Mach. Co. v. United States, 581 F. Supp.
2d 1344, 1357-60 (CIT 2008) (affirming Commerce's determination to
assign a 4.22 percent dumping margin to the separate-rate
respondents in a segment where the three mandatory respondents
received dumping margins of 4.22 percent, 0.03 percent, and zero
percent, respectively); see also Certain Kitchen Appliance Shelving
and Racks from the People's Republic of China: Final Determination
of Sales at Less Than Fair Value, 74 FR 36656, 36660 (July 24,
2009).
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[[Page 76453]]
The China-Wide Entity
In the Preliminary Results, Commerce found that four companies \10\
did not establish eligibility for a separate rate because they did not
file a timely separate rate application or a separate rate
certification, as appropriate.\11\ No party filed comments with respect
to this preliminary finding and we received no information to
contradict it. Therefore, for these final results, we determine these
four companies to be part of the China-wide entity and assigned them
the dumping margin for the China-wide entity. Because no party
requested a review of the China-wide entity, and Commerce no longer
considers the China-wide entity as an exporter conditionally subject to
administrative reviews,\12\ we did not conduct a review of the China-
wide entity. Thus, the dumping margin for the China-wide entity, as
adjusted for export subsidies (i.e., 220.87 percent),\13\ is not
subject to change as a result of this review.
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\10\ These companies are: (1) Aventra, Inc. (Aventra); (2) China
Cornici, Co. Ltd. (China Cornici); (3) Gaomi Hongtai Home Furniture
Co., Ltd. (Gaomi Hongtai); and (4) and Shuyang Zhongding Decoration
Materials Co., Ltd. (Shuyang Zhongding).
\11\ See Preliminary Results PDM at 13.
\12\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\13\ See Order, 86 FR at 9488. The weighted-average dumping
margin for the China-wide entity (231.60 percent) was adjusted for
export subsidies to determine the cash deposit rate (220.87 percent)
for companies in the China-wide entity.
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Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period February 1, 2022, through January
31, 2023:
---------------------------------------------------------------------------
\14\ See Appendix II.
------------------------------------------------------------------------
Weighted-
average
Exporters dumping margin
(percent)
------------------------------------------------------------------------
Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining 4.25
Co., Ltd...............................................
Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province 0.00
Youxi City Mangrove Wood Machining Co., Ltd............
Non-Selected Companies Under Review Receiving a Separate 4.25
Rate \14\..............................................
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with these
final results of review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these final results. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Because Jinquan/Baiyuan's ad valorem weighted-average final dumping
margin is not zero or de minimis (i.e., less than 0.50 percent), we
have calculated importer-specific assessment rates for this respondent,
in accordance with 19 CFR 351.212(b)(1).\15\
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\15\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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For sales for which Jinquan/Baiyuan reported entered value, we have
calculated importer-specific ad valorem assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1). For sales for which Jinquan/Baiyuan did not
report entered value, we have calculated importer-specific per-unit
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
quantity of those sales. To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also calculated an importer-specific ad valorem ratio
based on estimated entered values.
For Yinfeng/Mangrove, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\16\ For
entries that were not reported in the U.S. sales databases submitted by
Yinfeng/Mangrove and Jinquan/Baiyuan during this review, Commerce will
instruct CBP to liquidate such entries at the China-wide rate (i.e.,
220.87 percent).
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\16\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For the companies identified as part of the China-wide entity
(i.e., Aventra, China Cornici, Gaomi Hongtai and Shuyang Zhongding), we
will instruct CBP to apply the China-wide rate (i.e., 220.87 percent)
to all entries of subject merchandise during the POR which were
exported by these companies.
For the 12 companies listed in Appendix III, for which the
administrative review is rescinded, antidumping duties shall be
assessed at a rate equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) for Yinfeng/Mangrove,
the cash deposit rate will be zero; (2) for Jinquan/Baiyuan and the
other companies which were found eligible for a separate rate, the cash
deposit rate will be 4.25 percent; (3) for previously investigated or
reviewed Chinese and non-Chinese exporters not listed above that have
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recently completed segment of this
proceeding in which they were reviewed; (4) for all Chinese exporters
of subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be equal to the weighted-
average dumping margin for the China-wide entity (i.e., 220.87
percent); and (5) for all non-Chinese exporters of subject merchandise
which have not received their own separate rate, the cash deposit rate
will be the rate applicable to the Chinese exporter(s) that supplied
that non-Chinese exporter. These per-unit cash deposit requirements,
when imposed, shall remain in effect until further notice.
[[Page 76454]]
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties has
occurred and the subsequent assessment of double antidumping duties,
and/or increase in the amount of antidumping duties by the amount of
the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2).
Dated: September 11, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
General
Comment 1: Whether to Apply Adverse Facts Available to Yinfeng/
Mangrove and Jinquan/Baiyuan
Comment 2: Labor Surrogate Value Selection
Comment 3: Selection of Surrogate Producers
Comment 4: Market Economy Purchases
Jinquan/Baiyuan
Comment 5: Jinquan/Baiyuan's Electricity Offset
Comment 6: Freight Revenue Cap
Comment 7: Exclusion of Certain U.S. Sales With Entry Dates
After the POR
Comment 8: Valuation of Wood Powder
Comment 9: Valuation of Radiata Pine Log
Separate Rate Companies
Comment 10: Liquidation Instructions for CTIL
Appendix II
Non-Selected Companies Under Review Receiving a Separate Rate
1. Anji Huaxin Bamboo & Wood Products Co., Ltd.
2. Composite Technology International, Limited
3. Fujian Hongjia Craft Products Co., Ltd.
4. Fujian Sanming City Donglai Wood Co., Ltd.
5. Fujian Wangbin Decorative Material Co., Ltd.
6. Fujian Youxi Best Arts & Crafts Co. Ltd.
7. Huaan Longda Wood Industry Co., Ltd.
8. Jiangsu Wenfeng Wood Co., Ltd.
9. Longquan Jiefeng Trade Co., Ltd.
10. Nanping Huatai Wood & Bamboo Co., Ltd.
11. Nicer Window Fashions Co., Ltd.
12. Putian Yihong Wood Industry Co., Ltd.
13. Qimen Jianxing Bamboo and Wood Goods Co., Ltd.
14. Rui Xing Wooden Products Co., Ltd.
15. Shandong Miting Household Co., Ltd.
16. Shaxian Hengtong Wood Industry Co., Ltd.
17. Shaxian Shiyiwood, Ltd.
18. Shuyang Kevin International Co., Ltd.
19. Sun Valley Shade Co., Ltd.
20. Suqian Sulu Import & Export Trading Co., Ltd.
21. Zhangzhou Wangjiamei Industry & Trade Co., Ltd.
22. Zhangzhou Yihong Industrial Co., Ltd.
Appendix III
Companies for Which the Review Is Rescinded
1. Jiangsu Chen Sheng Forestry Development Co., Ltd.
2. Omni One Co., Ltd.
3. Raoping HongRong Handicrafts Co., Ltd.
4. Baixing Import and Export Trading Co., Ltd Youxi Fujian
5. Bel Trade Wood Industrial Co., Ltd. Youxi Fujian
6. Fotiou Frames Limited
7. Fujian Zhangping Kimura Forestry Products Co., Ltd.
8. Homebuild Industries Co., Ltd.
9. Jim Fine Wooden Products Co., Ltd.
10. Shenzhen Xinjintai Industrial Co., Ltd.
11. Tim Feng Manufacturing Co., Ltd.
12. Wuxi Boda Bamboo & Wood Industrial Co., Ltd.
[FR Doc. 2024-21225 Filed 9-17-24; 8:45 am]
BILLING CODE 3510-DS-P
